chief justice roberts who also dissented in the doma case took a very different rhetorical tact. he said i disagree with what we're doing today as a court. but let's be clear what the majority is doing has nothing to do with what the states have a latitude to do. so scalia wanted to score rhetorical points. i think roberts wanted to tell justice kennedy if your mind isn't made up about this you haven't yet boxed yourself in. >> on prop 8 it reminds you how important elections are. if you think back to when caramel harris was elected she barely beat steve cooley. he would have defended. there wouldn't have been a standing question. might have turned out quite differently. >> a related point is, governor brown and attorney general harris decided not to defend, which was a very momentous thing to do. and when the sponsors were in the case, no one was really paying attention to that. now it turns out that's really what doomed prop 8 is their failure to defend. and the politics in the meanwhile have changed that they don't have to pay any price for that. >> and the weddings have begun